Can my minor children get passports without their fathers consent?

by Ann Marie
(Paramus, NJ. Bergen)

Question: I have sole custody of my 2 children ages 13 & 10. Their father has made no effort to see them in over 6 years. Can they still get their passports without him being present or without his consent?

I have a permanent restraining order against him, but there are no restrictions to seeing his children. He has just chosen not to. Last we knew he lived in Hackensack, New Jersey--10 minutes from the kids and me.

My 13-year-old daughter has expressed to me that she would like to take a cruise from my brother's in Florida to the Bahamas. But a passport is needed to do so.

I appreciate your response in advance.

Answer: If you have sole legal custody of your children and have the document to prove it, then your children do not need the consent of their father in order to obtain their passports.

For a list of application requirements and a list of documents you can submit to prove sole custody, click the link below.

Be aware, it takes 4-6 weeks to process passport applications. Requests for expedited services are done in 2-3 weeks. If your daughter needs the passport sooner, you must apply at a regional agency that serves New Jersey or through a professional expediter. For more information click the link below.

Comments for Can my minor children get passports without their fathers consent?

Question: Can I apply for a passport for my child? His father refuses to sign for his passport (we are not married) but his name is on the birth certificate. His father is an abuser which I'm in the process of taking care of and he has a record as well. Can I still get a passport for my child?

Answer: If the father's name is on the birth certificate, you need his presence or consent to apply for your child's passport. If he is an abuser, filing for a restraining order and providing a copy of such order along with Form DS-5525 can be a way around this.

You must submit the copy of restraining order, Form DS-5525 and all other requirements at an acceptance facility. You must bring your child with you when you apply.

Consent to travel to Americaby: Anonymous

Question: If my children already have their American passports, does their father still need to give his consent for them to travel to the U.S?

Answer: Your children will be able to enter the United States if they have U.S. passports. However, they MAY need their father's consent to travel outside of the country where you currently reside. Please contact the local immigration office to verify travel document requirements for minors.

Restraining order against father by: Anonymous

Question: We share custody of my 2-month-old baby but I had to get a restarting order against him due to his temper. He is still allowed to see the baby he just can't be near me and he refuses to approve a passport. I just want to attend a family member's wedding and have my family meet my baby in a few months. Is there a way to get a passport?

Answer: A judge may be able to bypass his signature or compel him to sign the consent form. Please contact the nearest family court or consult an attorney to discess your options.

Cannot locate child's fatherby: Anonymous

Question: How can I obtain a passport if I can't find the father who lives in another country?